[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9329-9336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04454]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2618-18; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72


Extension of the Designation of Syria for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Syria for Temporary Protected Status (TPS) 
for 18 months, from April 1, 2018, through September 30, 2019. The 
extension allows currently eligible TPS beneficiaries to retain TPS 
through September 30, 2019, so long as they otherwise continue to meet 
the eligibility requirements for TPS. This Notice also sets forth 
procedures necessary for nationals of Syria (or aliens having no 
nationality who last habitually resided in Syria) to re-register for 
TPS and to apply for Employment Authorization Documents (EADs) with 
U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new 
EADs with a September 30, 2019 expiration date to eligible Syria TPS 
beneficiaries who timely re-register and apply for EADs under this 
extension.

DATES: Extension of Designation of Syria for TPS: The 18-month 
extension of the TPS designation of Syria is effective April 1, 2018, 
and will remain in effect through September 30, 2019. The 60-day re-
registration period runs from March 5, 2018 through May 4, 2018. (Note: 
It is important for re-registrants to timely re-register during this 
60-day period and not to wait until their EADs expire.)

[[Page 9330]]


FOR FURTHER INFORMATION CONTACT: 
     You may contact Samantha Deshommes, Branch Chief, 
Regulatory Coordination Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, U.S. Department of Homeland 
Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by 
phone at 800-375-5283.
     If you have additional questions about Temporary Protected 
Status, please visit uscis.gov/tools. Our online virtual assistant, 
Emma, can answer many of your questions and point you to additional 
information on our website. If you are unable to find your answers 
there, you may also reach out to our USCIS contact center at 800-375-
5283.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
website at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section (IER)
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Syria (or aliens having no nationality who last 
habitually resided in Syria) to re-register for TPS and to apply for 
renewal of their EADs with USCIS. Re-registration is limited to persons 
who have previously registered for TPS under the designation of Syria 
and whose applications have been granted. Certain individuals may be 
eligible to file a late initial application for TPS if they meet the 
conditions described in 8 CFR 244.2(f)(2). In addition to meeting other 
eligibility criteria, initial applicants for TPS under this extension 
must demonstrate that they have been continuously residing in the 
United States since August 1, 2016, and continuously physically present 
in the United States since October 1, 2016. Information on late initial 
filing is also available on the USCIS TPS website link at 
www.uscis.gov/tps.
    For individuals who have already been granted TPS under Syria's 
designation, the 60-day re-registration period runs from March 5, 2018 
through May 4, 2018. USCIS will issue new EADs with a September 30, 
2019 expiration date to eligible Syrian TPS beneficiaries who timely 
re-register and apply for EADs. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants will receive new EADs before their current EADs 
expire on March 31, 2018. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Syria for 180 days, through September 27, 2018. This 
Notice explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, and E-Verify processes.
    Individuals who have a pending Syria TPS application will not need 
to file a new Application for Temporary Protected Status (Form I-821). 
DHS provides additional instructions in this Notice for individuals 
whose TPS applications remain pending and who would like to obtain an 
EAD valid through September 30, 2019. There are approximately 7,000 
current beneficiaries under Syria's TPS designation

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period and so long as a TPS 
beneficiary continues to meet the requirements of TPS, he or she is 
eligible to remain in the United States, may not be removed, and is 
authorized to work and obtain an EAD.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
     The granting of TPS does not result in or lead to lawful 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to either:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid on 
the date TPS terminates.

When was Syria designated for TPS?

    Former Secretary of Homeland Security Napolitano initially 
designated Syria for TPS on March 29, 2012, based on extraordinary and 
temporary conditions resulting from the Syrian military's violent 
suppression of opposition to President Bashar al-Assad's regime that 
prevented Syrian nationals from safely returning to Syria. See 
Designation of Syrian Arab Republic for Temporary Protected Status, 77 
FR 19026 (Mar. 29, 2012). Following the initial designation, former 
Secretaries Napolitano and Johnson extended and redesignated Syria for 
TPS three times. Most recently, in 2016, former Secretary Johnson both 
extended Syria's designation and redesignated Syria for TPS for 18 
months through March 31, 2018. See Extension and Redesignation of Syria 
for Temporary Protected Status, 81 FR 50533 (Aug. 1, 2016).

What authority does the Secretary have to extend the designation of 
Syria for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or eligible aliens having no nationality who last 
habitually resided in the designated country). See INA section 
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate

[[Page 9331]]

Government agencies, must review the conditions in a foreign state 
designated for TPS to determine whether the conditions for the TPS 
designation continue to be met. See INA section 244(b)(3)(A), 8 U.S.C. 
1254a(b)(3)(A). If the Secretary does not determine that a foreign 
state no longer meets the conditions for TPS designation, the 
designation will be extended for an additional period of 6 months or, 
in the Secretary's discretion, 12 or 18 months. See INA section 
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary 
determines that the foreign state no longer meets the conditions for 
TPS designation, the Secretary must terminate the designation. See INA 
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Syria through 
September 30, 2019?

    DHS has reviewed conditions in Syria. Based on the review, 
including input received from other U.S. Government agencies, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions that prompted Syria's 2016 redesignation for TPS persist.
    Syria is engulfed in an ongoing civil war marked by brutal violence 
against civilians, egregious human rights violations and abuses, and a 
humanitarian disaster on a devastating scale across the country. 
Beginning in March 2011, the Syrian Arab Republic Government (SARG) 
mobilized the military to violently suppress citizens advocating for 
greater political freedoms, initiating a brutal crackdown, and 
employing excessive force against civilians, including arbitrary 
executions, killing and persecution of protestors and members of the 
media, arbitrary detentions, disappearances, torture, and ill-treatment 
in an effort to retain control of the country. Since the beginning of 
the conflict, as many as 500,000 Syrians are dead or missing. The SARG 
and its allies continue to wage a brutal war resulting in significant 
civilian casualties. On April 4, 2017, the Syrian military used 
chemical weapons on the village of Khan Sheikhoun.
    The SARG's use of barrel bombs against civilians is an ongoing 
occurrence in major population centers, with thousands of bombs dropped 
in 2016 and 2017. Syrian regime forces dropped 613 barrel bombs in 
November 2017 alone, according to monthly reporting statistics from the 
Syrian Network for Human Rights.
    After nearly seven years of armed conflict, over half of Syria's 
pre-war population has been forced to flee from their homes. There are 
11.5 million displaced Syrians in the region, both inside Syria and in 
neighboring countries. The United Nations High Commissioner for 
Refugees has reported over 1,240,000 civilian displacements in the last 
12 months alone. Every year of the conflict has seen a massive growth 
in refugees. In July 2012, there were 100,000 refugees. One year later, 
there were 1.5 million. As of January 2018, there were over 5.4 million 
Syrian refugees in the region.
    Syria is experiencing a humanitarian crisis, with over 73% of the 
Syrian population in need of assistance. The humanitarian situation is 
particularly severe in areas besieged by the SARG. For example, an 
estimated 400,000 civilians in Eastern Ghouta have been pushed to the 
brink of famine since March 2017, when the government tightened its 
siege of the Damascus suburb. The Syrian regime adds to this suffering 
by regularly bombing and firing artillery and rockets into Eastern 
Ghouta. Malnutrition rates there are the highest seen so far in Syria 
since the beginning of the crisis. In a December 10, 2017 statement, 
the United Nations Children's Fund called for the immediate evacuation 
of scores of sick children from Eastern Ghouta. The U.S. Mission to the 
United Nations has decried the situation in Eastern Ghouta as ``the 
latest version of the Assad regime's despicable `starve and surrender' 
strategy.'' Although 29 critically-ill civilians were evacuated in late 
December 2017, the Department of State condemned the SARG for its 
ongoing blockade of humanitarian aid to the besieged area, where as of 
February 2018 hundreds still awaited medical evacuation, and many had 
died as they waited. Since early 2018, a new campaign of SARG 
airstrikes targeting major roads and hospitals has killed hundreds of 
civilians in Eastern Ghouta.
    In northwestern Idlib province, a SARG offensive initiated in late 
December 2017 further threatens the safety and security of up to one 
million internally displaced civilians. As frequent airstrikes have 
forced civilians to evacuate the southern areas of Idlib, tens of 
thousands of newly displaced Syrians have amassed along the Turkish 
border seeking assistance.
    Over 9 million Syrians are in need of emergency food assistance. As 
of September 2017, the United Nations World Food Program assessed that 
food production in Syria was at an all-time low and that the situation 
was showing no sign of improving. Due to an 800 percent increase in the 
consumer food price index between 2010 and 2016, 90 percent of Syrian 
households now spend over half of their income on food, compared with 
25 percent before the crisis.
    As of March 2017, 51 percent of Syrians lacked regular access to 
the public water system, relying instead on unregulated systems not 
tested for water purity. Schools and hospitals are significantly 
impacted by the lack of basic levels of sanitation, as well as the 
destruction of many facilities. Water shortages, particularly in 
Damascus, have exacerbated children's vulnerability to communicable 
diseases. In 2016, nearly half of Syria's current population suffered 
from the use of water as a weapon of war due to deliberate water cuts 
by warring factions.
    Syria's medical system is in crisis. More than half of public 
hospitals and primary health centers have closed or are only partially 
functioning, and 11.5 million Syrians, including nearly 5 million 
children, do not have access to health care. SARG forces target Syrian 
medical personnel and facilities as part of their military strategy. 
Physicians for Human Rights has estimated that 98 percent of doctors 
have been killed or displaced in Aleppo. Outbreaks of preventable 
diseases are on the rise, including polio, which had been eradicated in 
Syria prior to the ongoing conflict.
    Facing troop shortages after years of conflict, the Syrian military 
is increasingly relying on forced conscription to fill its ranks, 
launching large-scale arrests of military-age men through raids and 
checkpoints. In December 2016, SARG forces arrested and conscripted 
civilians fleeing rebel-held areas of Aleppo. In September 2017, the 
Syrian Network for Human Rights reported ``almost daily raiding and 
arrest campaigns'' focusing on males aged 18-42 years old for the 
purpose of military conscription. Numerous factions fighting the Syrian 
regime also forcibly recruit civilians, including children, to serve in 
combat roles. The self-described Islamic State of Iraq and Syria (ISIS) 
has the greatest reliance on child soldiers in Syria. Former ISIS child 
soldiers have described children as young as twelve being used as 
suicide bombers and children as young as six assisting in Islamic State 
executions.
    Despite these circumstances, there have been incremental 
improvements in stability in Syria. In a January 17, 2018 speech, 
Secretary of State Tillerson noted that ISIS is substantially, but not 
completely defeated, although it

[[Page 9332]]

continues to wage an insurgency that poses a threat to the Syrian 
people. He highlighted significant gains made in combatting the 
terrorist organization, including the liberation of Raqqa (ISIS's self-
declared capital) and the vast majority of Syrian territory once held 
by ISIS. Secretary Tillerson highlighted the ``catastrophic state of 
affairs . . . related to the continued lack of security and legitimate 
governance in Syria,'' and acknowledged the essential role of a 
continued U.S. military presence in Syria to cement gains and help 
bring an end to the civil war.
    Secretary Tillerson related that U.S. efforts have helped tens of 
thousands of Syrian refugees and hundreds of thousands of internally-
displaced persons return to their homes. According to the United 
Nations Office for the Coordination of Humanitarian Affairs, the number 
of Syrians returning to their homes in 2017 increased from 2016, with 
721,000 Syrians returning home in 2017 (655,000 of whom were 
internally-displaced persons and approximately 66,000 of whom were 
refugees), compared to 560,000 returning in 2016. However, new 
displacement and attempts to flee Syria outstripped returns by 3 to 1 
in 2017, and the UN has stated that large-scale returns now could have 
a catastrophic effect given the lack of safe conditions and the 
availability of basic infrastructure.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting the 2016 redesignation of Syria 
for TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8 
U.S.C. 1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Syria 
and, due to such conflict, requiring the return of Syrian nationals (or 
aliens having no nationality who last habitually resided in Syria) to 
Syria would pose a serious threat to their personal safety. See INA 
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Syria that prevent Syrian nationals (or aliens having no 
nationality who last habitually resided in Syria) from returning to 
Syria in safety, and it is not contrary to the national interest of the 
United States to permit Syrian TPS beneficiaries to remain in the 
United States temporarily. See INA section 244(b)(1)(C), 8 U.S.C. 
1254a(b)(1)(C).
     The designation of Syria for TPS should be extended for an 
18-month period, from April 1, 2018 through September 30, 2019. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of Syria

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, the conditions that supported Syria's 
2016 redesignation for TPS continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am extending the existing designation of TPS for Syria 
for 18 months, from April 1, 2018, through September 30, 2019. See INA 
section 244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

Kirstjen M. Nielsen,
Secretary.

Required Application Forms and Application Fees To Register or Re-
register for TPS

    To re-register for TPS based on the designation of Syria, you must 
submit an Application for Temporary Protected Status (Form I-821). You 
do not need to pay the filing fee for the Form I-821. See 8 CFR 244.17. 
You may be required to pay the biometric services fee. Please see 
additional information under the ``Biometric Services Fee'' section of 
this Notice.
    Through operation of this Federal Register notice, your existing 
EAD issued under the TPS designation of Syria with the expiration date 
of March 31, 2018, is automatically extended for 180 days, through 
September 27, 2018. You do not need to apply for a new EAD in order to 
benefit from this 180-day automatic extension. However, if you want to 
obtain a new EAD valid through September 30, 2019, you must file an 
Application for Employment Authorization (Form I-765) and pay the Form 
I-765 fee (or request a fee waiver). Note, if you do not want a new 
EAD, you do not have to file Form I-765 or pay the Form I-765 fee. If 
you do not want to request a new EAD now, you may also file Form I-765 
at a later date and pay the fee (or request a fee waiver), provided 
that you still have TPS or a pending TPS application. But unless you 
timely re-register and properly file an EAD application in accordance 
with this Notice, the validity of your current EAD will end on 
September 27, 2018. You may file the application for a new EAD either 
prior to or after your current EAD has expired. However, you are 
strongly encouraged to file your application for a new EAD as early as 
possible to avoid gaps in the validity of your employment authorization 
documentation and to ensure that you receive your new EAD by September 
27, 2018.
    If you are seeking an EAD with your re-registration for TPS, please 
submit both the Form I-821 and Form I-765 together. If you are unable 
to pay the application fee and/or biometric services fee, you may 
complete a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver with satisfactory supporting 
documentation. For more information on the application forms and fees 
for TPS, please visit the USCIS TPS web page at http://www.uscis.gov/tps. Fees for the Form I-821, the Form I-765, and biometric services 
are also described in 8 CFR 103.7(b)(1)(i).
    Note: If you have a Form I-821 and/or Form I-765 that was still 
pending as of March 5, 2018, then you do not need to file either 
application again. If your pending TPS application is approved, you 
will be granted TPS through September 30, 2019. Similarly, if you have 
a pending TPS-related application for an EAD that is approved, it will 
be valid through the same date.

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may apply for a fee waiver by completing a 
Form I-912 or by submitting a personal letter requesting a fee waiver, 
and providing satisfactory supporting documentation. For more 
information on the biometric services fee, please see the instructions 
to Form I-821 or visit the USCIS website at http://www.uscis.gov. If 
necessary, you may be required to visit an Application Support Center 
(ASC) to have your biometrics captured. In such a case, USCIS will send 
you an ASC scheduling notice. For additional information on the USCIS 
biometrics screening process, please see the USCIS Customer Profile 
Management Service Privacy Impact Assessment, available at www.dhs.gov/privacy.

Re-filing a Re-registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
refile your application before the deadline, should USCIS deny your fee 
waiver request. If, however, you receive

[[Page 9333]]

a denial of your fee waiver request and are unable to refile by the re-
registration deadline, you may still refile your Form I-821 with the 
biometrics fee. This situation will be reviewed to determine whether 
you established good cause for late TPS re-registration. However, you 
are urged to refile within 45 days of the date on any USCIS fee waiver 
denial notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C. 
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for 
late re-registration, visit the USCIS TPS web page at http://www.uscis.gov/tps. Following denial of your fee waiver request, you may 
also refile your Form I-765 with fee either with your Form I-821 or at 
a later time, if you choose.

    Note:  Although a re-registering TPS beneficiary age 14 and 
older must pay the biometric services fee (but not the Form I-821 
fee) when filing a TPS re-registration application, you may decide 
to wait to request an EAD. Therefore, you do not have to file the 
Form I-765 or pay the associated Form I-765 fee (or request a fee 
waiver) at the time of re-registration, and could wait to seek an 
EAD until after USCIS has approved your TPS re-registration 
application. If you choose to do this, to re-register for TPS you 
would only need to file the Form I-821 with the biometrics services 
fee, if applicable, (or request a fee waiver).

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
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              If you . . .                        Mail to . . .
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Are sending through the U.S. Postal      USCIS, Attn: TPS Syria, P.O.
 Service.                                 Box 6943, Chicago, IL 60680-
                                          6943.
Are sending by FedEx, UPS, or DHL......  USCIS, Attn: TPS Syria, 131 S.
                                          Dearborn Street, 3rd Floor,
                                          Chicago, IL 60603-5517.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and/or requesting an EAD based on an IJ/
BIA grant of TPS, please include a copy of the IJ or BIA order granting 
you TPS with your application. This will help us verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Syria.''

Employment Authorization Document (EAD)

How can I get information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online, available at http://www.uscis.gov, or call the USCIS National 
Customer Service Center at 800-375-5283 (TTY 800-767-1833). If your 
Form I-765 has been pending for more than 90 days, and you still need 
assistance, you may request an EAD inquiry appointment with USCIS by 
using the InfoPass system at https://infopass.uscis.gov. However, we 
strongly encourage you first to check Case Status Online or call the 
USCIS National Customer Service Center for assistance before making an 
InfoPass appointment.

Am I eligible to receive an automatic 180-day extension of my current 
EAD through September 27, 2018, using this Federal Register notice?

    Yes. Provided that you currently have a Syria TPS-based EAD, this 
Federal Register notice automatically extends your EAD by 180 days 
(through September 27, 2018) if you:
     Are a national of Syria (or an alien having no nationality 
who last habitually resided in Syria); and
     Have an EAD with a marked expiration date of March 31, 
2018, bearing the notation A-12 or C-19 on the face of the card under 
Category.
    Although this Federal Register notice automatically extends your 
EAD through September 27, 2018, you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
notice if you would like to maintain your TPS.

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9. Employers must complete Form I-
9 to verify the identity and employment authorization of all new 
employees. Within three days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of employment authorization), 
or you may present an acceptable receipt for List A, List B, or List C 
documents as described in the Form I-9 Instructions. Employers may not 
reject a document based on a future expiration date. You can find 
additional detailed information about Form I-9 on USCIS' I-9 Central 
web page at http://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. If your EAD has an 
expiration date of March 31, 2018, and states A-12 or C-19 under 
Category, it has been extended automatically for 180 days by virtue of 
this Federal Register notice and you may choose to present this Notice 
along with your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through September 27, 2018, unless 
your TPS has been withdrawn or your request for TPS has been denied. If 
you properly filed for a new EAD in accordance with this Notice, you 
will also receive Form I-797C, Notice of Action that will state your 
current A-12 or C-19 coded EAD is automatically extended for 180 days. 
You may choose to present your EAD to your employer together with this 
Form I-797C as a List A document that provides evidence of your 
identity and employment authorization for Form I-9 through September 
27, 2018, unless your TPS has been withdrawn or your request for TPS 
has been denied. See the subsection titled, ``How do my employer and I 
complete the Employment Eligibility Verification (Form I-9) using an 
automatically extended EAD for a new job?'' for further information.
    To reduce confusion over this extension at the time of hire, you 
should explain to your employer that your EAD has been automatically 
extended through September 27, 2018. You may also provide your employer 
with a copy of this Federal Register notice, which explains that your 
EAD has been automatically extended. As an alternative to presenting 
evidence of your automatically extended EAD, you may choose to present 
any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

[[Page 9334]]

What documentation may I present to my employer for Employment 
Eligibility Verification (Form I-9) if I am already employed but my 
current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
will need to ask you about your continued employment authorization no 
later than before you start work on April 1, 2018. You will need to 
present your employer with evidence that you are still authorized to 
work. Once presented, you may correct your employment authorization 
expiration date in Section 1 and your employer should correct the EAD 
expiration date in Section 2 of Form I-9. See the subsection titled, 
``What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization has 
been automatically extended?'' for further information. You may show 
this Federal Register notice to your employer to explain what to do for 
Form I-9 and to show that your EAD has been automatically extended 
through September 27, 2018. Your employer may need to re-inspect your 
automatically extended EAD to check the expiration date and Category 
code to record the updated expiration date on your Form I-9 if your 
employer did not keep a copy of this EAD when you initially presented 
it. In addition, if you properly filed your Form I-765 to obtain a new 
EAD, you will receive a Form I-797C, Notice of Action. Form I-797C will 
state that your current A-12 or C-19 coded EAD is automatically 
extended for 180 days. You may present Form I-797C to your employer 
along with your EAD to confirm that the validity of your EAD has been 
automatically extended through September 27, 2018, unless your TPS has 
been withdrawn or your request for TPS has been denied. To reduce the 
possibility of gaps in your employment authorization documentation, you 
should file your Form I-765 to request a new EAD as early as possible 
during the re-registration period.
    The last day of the automatic EAD extension is September 27, 2018. 
Before you start work on September 28, 2018, your employer must 
reverify your employment authorization. At that time, you must present 
any document from List A or any document from List C on Form I-9 Lists 
of Acceptable Documents, or an acceptable List A or List C receipt 
described in the Form I-9 instructions to reverify employment 
authorization.
    By September 28, 2018, your employer must complete Section 3 of the 
current version of the form, Form I-9 (version 07/17/17 N), and attach 
it to the previously completed Form I-9, if your original Form I-9 was 
a previous version. Your employer can check the USCIS' I-9 Central web 
page at http://www.uscis.gov/I-9Central for the most current version of 
Form I-9.
    Note that your employer may not specify which List A or List C 
document you must present and cannot reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Syrian citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears 
to be genuine and that relates to you, or an acceptable List A, List B, 
or List C receipt. Employers need not reverify List B identity 
documents. Employers may not request documentation that does not appear 
on the ``Lists of Acceptable Documents.'' Therefore, employers may not 
request proof of Syrian citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such documents as 
a valid List A document so long as the EAD reasonably appears to be 
genuine and relates to the employee. Refer to the Note to Employees 
section of this Federal Register notice for important information about 
your rights if your employer rejects lawful documentation, requires 
additional documentation, or otherwise discriminates against you based 
on your citizenship or immigration status, or your national origin.

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using my automatically extended employment authorization for 
a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before September 28, 2018, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter September 
27, 2018, the automatically extended EAD expiration date as the 
``expiration date, if applicable, mm/dd/yyyy''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD and other documents from DHS will have your USCIS number or 
A-Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring 
it is in category A-12 or C-19 and has a March 31, 2018 expiration 
date;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert September 27, 2018, the date that is 180 days from the 
date the current EAD expires.
    If you also filed for a new EAD, as proof of the automatic 
extension of your employment authorization, you may present your 
expired or expiring EAD with category A-12 or C-19 in combination with 
the Form I-797C Notice of Action showing that the EAD renewal 
application was filed and that the qualifying eligibility category is 
either A-12 or C-19. Unless your TPS has been withdrawn or your request 
for TPS has been denied, this document combination is considered an 
unexpired EAD under List A. In these situations, to complete Section 2, 
employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert September 27, 2018, the date that is 180 days from the 
date the current EAD expires. Before the start of work on September 28, 
2018, employers must reverify the employee's employment authorization 
in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization has 
been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if they do not have a 
copy of the EAD on file. You may, and your employer should, correct 
your previously completed Form I-9 as follows:
    1. For Section 1, you may:

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    a. Draw a line through the expiration date in Section 1;
    b. Write September 27, 2018, the date that is 180 days from the 
date your current EAD expires above the previous date (March 31, 2018); 
and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     Has an expiration date of March 31, 2018.
    b. Draw a line through the expiration date written in Section 2;
    c. Write September 27, 2018, the date that is 180 days from the 
date the employee's current EAD expires above the previous date (March 
31, 2018); and
    d. Initial and date the correction in the Additional Information 
field in Section 2.
    In the alternative, if you properly applied for a new EAD, you may 
present your expired EAD with category A-12 or C-19 in combination with 
the Form I-797C Notice of Action. The Form I-797C should show that the 
EAD renewal application was filed and that the qualifying eligibility 
category is either A-12 or C-19. To avoid confusion, you may also 
provide your employer a copy of this Notice. Your employer should 
correct your previously completed Form I-9 as follows:
    For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write September 27, 2018, the date that is 180 days from the 
date the employee's current EAD expires above the previous date (March 
31, 2018); and
    d. Initial and date the correction in the Additional Information 
field in Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day extension has 
ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By September 28, 
2018, when the employee's automatically extended EAD has expired, 
employers must reverify the employee's employment authorization in 
Section 3.


If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the EAD bearing the expiration date March 31, 2018, or the Form I-797C 
receipt information provided on Form I-9. In either case, the receipt 
number entered as the document number on Form I-9 should be entered 
into the document number field in E-Verify.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for employees whose 
TPS-related EAD was automatically extended. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they first 
started working for you, you will receive a ``Work Authorization 
Documents Expiring'' case alert when the auto-extension period for this 
EAD is about to expire. This indicates that you should update Form I-9 
in accordance with the instructions above. Before such an employee 
starts to work on September 28, 2018, employment authorization must be 
reverified in Section 3. Employers should not use E-Verify for 
reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. 
Calls and emails are accepted in English and many other languages. For 
questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice's Civil Rights Division, Immigrant 
and Employee Rights Section (IER) (formerly the Office of Special 
Counsel for Immigration-Related Unfair Employment Practices) Employer 
Hotline at 800-255-8155 (TTY 800-237-2515). The IER offers language 
interpretation in numerous languages. Employers may also email IER at 
[email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. Calls are accepted in English and 
Spanish. Translation services in other languages including Arabic are 
also available upon request. Employees or applicants may also call the 
IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information 
regarding employment discrimination based upon citizenship, immigration 
status, or national origin, including discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The IER 
Worker Hotline provides language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Employment Eligibility Verification (Form I-9) 
Instructions. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
an employee's Form I-9 differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper

[[Page 9336]]

nondiscriminatory Form I-9 and E-Verify procedures is available on the 
IER website at https://www.justice.gov/ier and the USCIS website at 
http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples of such documents are:
    (1) Your current EAD;
    (2) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your application to renew your current EAD providing an 
automatic extension of your currently expired or expiring EAD;
    (3) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your Application for Temporary Protected Status for this 
re-registration; and
    (4) A copy of your Notice of Action (Form I-797), the notice of 
approval, for a past or current Application for Temporary Protected 
Status, if you received one from USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. In most cases, SAVE provides an automated electronic response 
to benefit-granting agencies within seconds, but, occasionally, 
verification can be delayed. You can check the status of your SAVE 
verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case'' 
button. CaseCheck is a free service that lets you follow the progress 
of your SAVE verification using your date of birth and one immigration 
identifier number. If an agency has denied your application based 
solely or in part on a SAVE response, the agency must offer you the 
opportunity to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted upon or will act upon 
a SAVE verification and you do not believe the response is correct, you 
may make an InfoPass appointment for an in-person interview at a local 
USCIS office. Detailed information on how to make corrections, make an 
appointment, or submit a written request to correct records under the 
Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.
[FR Doc. 2018-04454 Filed 3-1-18; 11:15 am]
 BILLING CODE 9111-97-P